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CONSENT AGREEMENT Ngāti Pikiao Cultural Management Plan for Okere Gates and Ohau Weir BETWEEN Bay of Plenty Regional Council I

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CONSENT AGREEMENT Ngāti Pikiao Cultural Management Plan for Okere Gates and Ohau Weir BETWEEN Bay of Plenty Regional Council I CONSENT AGREEMENT Ngāti Pikiao Cultural Management Plan for Okere Gates and Ohau Weir BETWEEN Bay of Plenty Regional Council in its capacity as holder of consents 65979 and 65980 (“BOPRC”) AND Ngāti Pikiao Environmental Society Incorporated (“Ngāti Pikiao”) BACKGROUND: A. The BOPRC holds resource consents 65979 and 65980 (“Resource Consents”) which allow it to use and maintain the Okere Control Gates and the Ohau Channel Weir. B. Ngāti Pikiao appealed the Resource Consents. The parties reached agreement on an amended set of conditions, culminating in a consent order being lodged with the Court. The parties also entered into a Settlement Agreement on 1 December 2011. C. Conditions 9.1 to 9.14 of consent 65979 require the BOPRC to facilitate the establishment of the Ohau ki Rotoiti Kaitiaki Group and of the Rotoiti Cultural Management Plan (“CMP”). These conditions apply to both consents (refer Condition 10.1 of consent 65980). The conditions also enable BOPRC in its role as consent authority to exercise its discretion to review the Resource Consents within three months of receiving the CMP should it consider this is required in order to deal with any adverse environmental or cultural effects on the environment identified in the CMP. D. The CMP was developed by Atkins Holm Majurey on behalf of Ngāti Pikiao and the Ohau Ki Rotoiti Kaitiaki Group. The CMP identifies the cultural impacts arising from the operation of the Resource Consents. E. The CMP describes Ngāti Pikiao’s longstanding cultural association with the area of the Okere Gates and Ohau Weir, identifies the adverse effects on Ngāti Pikiao’s cultural values and relationships that are considered to be attributable to the operation of the Resource Consents (including case studies), and outlines Ngāti Pikiao’s recommendations for monitoring and / or addressing those adverse effects identified. F. While BOPRC does not accept that all of the adverse effects identified in the CMP can be attributed to the operation of the Resource Consents, it is willing to undertake certain actions to give effect to some of the recommendations in the CMP on the basis that it sees wider benefits in working with tangata whenua, as kaitiaki, to improve the environment, and to acknowledge that the implementation of certain recommendations is likely to result in a community benefit. G. The purpose of this Consent Agreement (“Agreement”) is to set out the recommendations that BOPRC is willing to commit to progressing, the terms of that commitment, and the role each party will take in the process. Some of the recommendations cannot be implemented without either a change to the Resource Consents or new consents, and these are addressed in a separate section of the Agreement as they may require consultation with other potentially affected parties and the wider community. Section 128 Review H. The parties acknowledge that this Agreement does not address matters of review under Section 128 of the RMA. BOPRC in its capacity as Consent Authority is not a party to this Agreement and has a discretion whether or not to review the consent under section 128 that cannot be fettered by any agreement between the parties. I. The Consent Authority will make a decision on whether to review the consent on the basis of the CMP submitted to them in accordance with the conditions of the Resource Consent and may take into account the contents of this Agreement. J, In the event that the Consent Authority decides to undertake a review of the consent the Consent Holder will recommend to the Consent Authority that it consult with Ngati Pikiao before finalising the notice of review. AGREEMENT Working Principles 1. The parties will work together in a manner that reflects: (a) The roles and responsibilities of BOPRC as consent holder; (b) The roles and responsibilities of Ngāti Pikiao; (c) A good faith, open, honest, responsive and constructive approach to the relationship; (d) Timely provision of information; and (e) Timely raising of issues and a 'no-surprises' approach. Key Areas of Agreement 2. The parties agree to undertake the actions, to the extent set out in this Agreement, in relation to the following recommendations in the CMP: (a) Remove exotic weeds and replant beaches and lake edges; (b) Rebuild and replenish native fisheries; (c) Protect and ensure access to wāhi tapu; (d) Build footpaths; (e) Better protect Taheke Marae from erosion; and (f) Restore beaches and return to natural fluctuations. 3. Remove exotic weeds and replant beaches and lake edges The parties acknowledge that BOPRC is already facilitating some work in this area as outlined in 3.1 and 3.2 below: 3.1 BOPRC agrees to continue its support, in accordance with its Biodiversity Programme, to the wetland enhancement being led by the Kaokaoroa 3B6 Ahu Whenua Trust adjacent to the Ohau Chanel. 3.2 Ngāti Pikiao has been invited to participate in the development of a Lake Weed Management Plan/s for the Rotorua Te Arawa Lakes. The development of these plans is currently underway and the project is being led by Boffa Miskell and jointly funded by BOPRC and Land Information New Zealand (who have lake weed responsibility). Ngāti Pikiao, along with other iwi on the lakes, are participating in the development of these plan/s. The work is targeted to be complete by the end of 2016. The parties agree to undertake the following: 3.3 During 2016-2017 BOPRC will facilitate a meeting/s between Rotorua Lakes Council (“RLC”), the Department of Conservation (“DOC”) and Ngāti Pikiao, with the aim of agreeing to an enhancement project (weed control and native planting) in the ‘Enhancement Area’ on State Highway 33 at Okere, as shown on attached Plan 1. BOPRC progressing with the project will be subject to the following conditions: a) The agreement of affected landowner/s, RLC, DOC and Ngāti Pikiao to the enhancement project; b) Ngāti Pikiao facilitating and obtaining any relevant iwi, hapū or marae approvals in relation to the enhancement project; c) BOPRC being able to successfully obtain any other legal approvals required to undertake the project. Subject to conditions 3.3 a-c above being achieved, BOPRC will undertake the following: 3.3 During 2016-2017 BOPRC will complete willow control (poisoning) in the Enhancement Area. 3.4 During 2017-2018 BOPRC will remove dead willows, undertake blackberry spraying (organic)/mechanical removal and undertake native planting in the enhancement area. 3.5 Between 2018 and 2020 BOPRC will undertake further release spraying) in the Enhancement Area, as required to ensure appropriate successful establishment of the native plants. 3.6 The parties agree that some level of herbicide use will be required to ensure that the exotic weed removal for the enhancement project is successful. In the event BOPRC becomes aware that an effective organic option is available, the costs associated with which are, in its view, reasonable, it agrees to: a) consider use of the organic option across the entire Enhancement Area and will consult in good faith with Ngāti Pikiao regarding this; b) use the organic option in the parts of the Enhancement Area which are adjacent to the Lake front/beaches for at least one round of spraying and, if in BOPRC’s view the spraying has been effective, to continue to use the organic option for the release spraying in those parts of the Area. Rebuild and Replenish Native Fisheries 4. The parties acknowledge that BOPRC is already facilitating some work in this area, including the following interventions/programmes: (a) Implementation of the fish pass in the Ohau Wall, noting that this fish pass accommodates trout and smelt; (b) The ongoing maintenance of the Trout Barrier at Hamurana springs; and (c) Ongoing koaro and koura monitoring programme for Lakes Rotorua and Rotoiti, led by Ian Kusabs; and (d) Providing appropriate financial and in-kind support to the investigation of koura habitat enhancement opportunities as part of a project being run by Ian Kusabs, with funding from the Ministry of Business, Innovation and Employment. Protect and ensure access to wāhi tapu 5. BOPRC agrees to contribute a maximum of $15,000 plus GST to Ngāti Pikiao to be used by Ngāti Pikiao to undertake initiatives aimed at protecting and ensuring access to waahi tapu sites around Lake Rotoiti and Okere, provided that: (a) By 1 February 2017, Ngāti Pikiao provides to BOPRC, for its written approval, a works plan that details the proposed initiatives for protecting and ensuring access to waahi tapu. The plan will include: The location and name of the site/s (where appropriate); The actions planned and their estimated cost; and The timeframes for implementing the plan, including dates for completion; and Reporting dates by which Ngāti Pikiao has to report progress and completion of key tasks to BOPRC. (b) Progress reports are provided in compliance with the timeframes set out in the plan. These reports may include photos, works invoices, site visits with BOPRC approved representatives or other reporting agreed with BOPRC in advance that confirms the work has been completed to a satisfactory level. On completion of the progress reports to BOPRC’s satisfaction, BOPRC will pay invoices for the work completed. (c) For the avoidance of doubt, BOPRC will not pay for the protection and provision of access to waahi tapu unless the works to that particular site have been approved by BOPRC. 6. BOPRC also agrees to: (a) Advise if any Regional resource consents are required for the protection works; (b) If District resource consents are required, provide a letter or submission in support of any waahi tapu protection works, provided the works have been previously approved by BOPRC in accordance with clause 5 above.
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